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History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.276
- Print number 5797a
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enlarges the definition of the term agency for certain purposes
In Assembly Committee · Governmental Operations · Sponsor Deborah Glick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5797A
Title of bill
An act to amend the public officers law, in relation to the disclosure of agency records; and to amend the education law, in relation to guidelines for foundations of state operated campuses
Purpose
Expands the definition of agencies that are required to make documents available to the public under the Freedom of Information Law.
Summary of provisions
Amends subdivision three of section eighty-six of the Public Officers Law (the Freedom of Information Law, of FOIL). Adds to the definition of the term "agency" certain types of corporations, foundations and associations that are created by, controlled by or affiliated with a state agency including but not limited to SUNY.
Justification
The Freedom of Information Law has played a crucial role in opening up the operations of government agencies to public discussion and reporting. This has increased accountability and responsiveness of government agencies.
However, the current definition of agencies covered by the FOIL law leaves out certain types of agencies that are technically not agencies of state or local government. These entities are often incorporated as not for profit corporations or limited liability corporations, but operate in effect as subsidiaries of state agencies. For example the SUNY Research Foundation is incorporated as a not for profit but operates as an extensions of SUNY and is controlled by SUNY officials. The Research Foundation describes itself as "the organization responsible for managing research grants and other sponsored programs for SUNY." Yet corporations of this type often refuse to disclose information to the press and the public on the basis that they are not state agencies as defined in the law.
This bill proposes to expand the definition of agency so that any organization that operates as a closely affiliated extension of a state agency will be covered by the FOIL law regardless of its corporate structure. These organizations spend millions of dollars of funds that were received by grants or donations that were intended to further the public purpose of their affiliated state agency. The shell of a separate corporate entity should not be used as an excuse to deny public access to information about how they use these funds.
Legislative history
New legislation.
Fiscal implications
None.
Effective date
January 1, 2013, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.